Legal Question in Family Law in New York

What age can my children choose who they want to live with?

Hello,

I have been threw a custody battle in 1999 where I was advised (coerced) by my court appointed lawyer to voluntarily give temporary guardinship to my brother in-law and wife. My 3 children are now 16, 13 and 10. The children hate it there. They have been so emotionally abused by way of verbal abuse. Such as being belittled, degraded, lied to, called names, made fun of and physically pushed around. Basically treated like red headed step children. They hardly to never allow the children to visit their grandparents {my parents)and immediate family(aunts,uncles, godparents and cousins). They have striped them of their heritage, religion and so on. My 13 year old son threatened to run away, and was thinking suicide. Fortunately I was able to talk my son out of that. He is also on medicine for depression. Not one moment goes by that my heart doesn't ache and yearn for them back. I am suffocating without them, I need them with me for me to breath once again. My children pleaded for me to find out at what age they can choose to live with me..their mommy. They want to be with me more than anything in the world. I am in need of answers. God Bless


Asked on 3/27/03, 8:14 pm

1 Answer from Attorneys

Robert Evans Robert S. Evans esq.

Re: What age can my children choose who they want to live with?

You can repetion the court for a change in custody arrangements due to a change in circumstances ie. the mental and physical condition of the kids. The court will review the matter and will consider the best interest of the children as the most important factor.

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Answered on 3/28/03, 10:21 am


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